State of Ohio, ex rel. Dave Yost Attorney General of Ohio v. Ascent Health Services LLC et al
| State of Ohio, ex rel. Dave Yost Attorney General of Ohio |
| Ascent Health Services LLC, Express Scripts, Inc., Cigna Group, Evernorth Health, Inc., Prime Therapeutics LLC, Humana Pharmacy Solutions, Inc. and Humana Inc. |
| 2:2023cv01450 |
| April 27, 2023 |
| US District Court for the Southern District of Ohio |
| Chelsey M Vascura |
| Michael H Watson |
| Anti-Trust |
| 28 U.S.C. § 1442 Petition for Removal |
| None |
Docket Report
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Filing 46
Joint MOTION for Protective Order by Defendant Prime Therapeutics LLC. (Attachments: #1 Text of Proposed Order) (Stilson, Jaime)
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Filing 45
NOTATION ORDER granting #44 Motion for Extension of Time. Proposed protective order due 6/23/2023. By Magistrate Judge Chelsey M. Vascura on 6/16/2023. (agm)
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Filing 44
Unopposed MOTION for Extension of Time New date requested 6/23/2023. by Defendant Prime Therapeutics LLC. (Jalandoni, Matthew)
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Filing 43
MOTION for Protective Order and to Stay Discovery by Defendant Ascent Health Services LLC. (Attachments: #1 Exhibit Plaintiff State of Ohio's First Set of Discovery and Request for Admissions to Ascent Health Services LLC, #2 Exhibit Plaintiff State of Ohio's First Set of Discovery and Request for Admissions to Express Scripts, Inc., #3 Exhibit Plaintiff State of Ohio's First Set of Discovery and Request for Admissions to Prime Therapeutics LLC) (Butler, David)
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Filing 42
MOTION to Dismiss for Lack of Jurisdiction by Defendant Cigna Group. (Attachments: #1 Appendix Evernorth Cigna Mentions Chart, #2 Exhibit Declaration of Daniel J. Howley) (Butler, David)
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Filing 41
MOTION to Dismiss for Lack of Jurisdiction by Defendants Humana Inc., Humana Pharmacy Solutions, Inc.. (Attachments: #1 Exhibit A - Declaration of Justin D. Kingsolver ISO 12(b)(2) Motion to Dismiss (6.2.23).) (Sheely, Sommer)
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Filing 40
MOTION to Remand to State Court by Plaintiff State of Ohio, ex rel. Dave Yost Attorney General of Ohio. (Attachments: #1 Exhibit Declaration of Amy Bricker) (Pratt, Jennifer)
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Filing 39
NOTATION ORDER granting #38 Motion for Leave to Appear Pro Hac Vice of Sarah Mader. PHV Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 5/23/2023. (er)
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Filing 38
MOTION for Leave to Appear Pro Hac Vice of Sarah Mader by Plaintiff State of Ohio, ex rel. Dave Yost Attorney General of Ohio. (Attachments: #1 Exhibit Certificate of Good Standing) (Pratt, Jennifer)
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Filing 37
ORDER granting #36 Motion to Modify the Case Schedule. Signed by Magistrate Judge Chelsey M. Vascura on 5/22/2023. (agm)
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Filing 36
Joint MOTION to Modify the Case Schedule to Adopt an Agreed Scheduling Order Regarding Defendants' Motions to Stay and Deadline to Answer or Otherwise Respond to the Complaint re #35 Preliminary Pretrial Order,,, #31 Order on Motion for Extension of Time to Answer by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order) (Butler, David)
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Set/Reset Deadlines: Any Motion to Stay Discovery filed by Defendants due on or before 6/2/2023 with Plaintiff's response due 6/30/2023 and Defendants' reply due 7/21/2023. Defendants shall have to and including 9/20/2023 to answer or otherwise respond to the Complaint. If the responsive pleading is a motion to dismiss, then Plaintiff's response the that motion is due 10/18/2023 and Defendants' Reply is due 11/8/2023. (agm)
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Filing 35
PRELIMINARY PRETRIAL ORDER: Case is referred to Mediation. Case referred to Clerk for assignment of mediator. Initial Disclosures due by 6/16/2023. Venue and Jurisdiction Deadline due by 6/2/2023. Responses due by 6/30/2023, Replies due by 7/21/2023. Joinder of Parties/Motions to Amend due the later of 7/28/2023 or 28 days following any order of the Court denying Plaintiff's forthcoming Motion to Remand. Discovery (Expert) due by 2/4/2025. Discovery (Fact) due by 10/19/2024. Dispositive motions due by 3/1/2025. Primary Expert due by 11/24/2024. Rebuttal Expert due by 1/12/2025. Settlement Demand due by 8/24/2023. Response to Settlement Demand due by 9/22/2023. Mediation Deadline: 5/2024. Signed by Magistrate Judge Chelsey M. Vascura on 05/15/2023. (tla)
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Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 5/15/2023. (agm)
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Filing 34
RULE 26(f) REPORT by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc., Humana Inc., Humana Pharmacy Solutions, Inc., Prime Therapeutics LLC. (Butler, David)
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Filing 33
NOTATION ORDER granting #32 Motion to Withdraw. Attorney Charles M. Miller terminated. By Magistrate Judge Chelsey M. Vascura on 5/9/2023. (agm)
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Filing 32
MOTION to Withdraw as Counsel (Charles Miller) by Plaintiff State of Ohio, ex rel. Dave Yost Attorney General of Ohio. (Pratt, Jennifer)
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Filing 31
ORDER: For good cause shown, the Motion (ECF No. #29 ) is GRANTED. All Defendants shall have up to an including May 24, 2023 to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Chelsey M. Vascura on 05/04/2023. (tla)
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Filing 30
BRIEF by Defendant Prime Therapeutics LLC. (Jalandoni, Matthew)
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Filing 29
Unopposed MOTION to memorialize Defendants' deadline to answer or otherwise respond to Plaintiff's Complaint as May 24, 2023 by Defendant Prime Therapeutics LLC. (Attachments: #1 Proposed Order) (Jalandoni, Matthew)
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Filing 28
NOTATION ORDER granting #25 , #26 and #27 Motions for Leave to Appear Pro Hac Vice of Shawn Johnson, Justin Kingsolver, and Jason Murray as Co-Counsel. Co-Counsel are directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Chelsey M. Vascura on 05/02/2023. (tla)
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Filing 27
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9394927) of Jason C. Murray by Defendants Humana Inc., Humana Pharmacy Solutions, Inc.. (Sheely, Sommer)
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Filing 26
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9394914) of Justin Kingsolver by Defendants Humana Inc., Humana Pharmacy Solutions, Inc.. (Sheely, Sommer)
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Filing 25
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9394875) of Shawn Johnson by Defendants Humana Inc., Humana Pharmacy Solutions, Inc.. (Sheely, Sommer)
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Filing 24
Corporate Disclosure Statement by Defendant Humana Pharmacy Solutions, Inc.. (Sheely, Sommer)
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Filing 23
Corporate Disclosure Statement by Defendant Humana Inc.. (Sheely, Sommer)
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Filing 22
NOTICE of Appearance by Sommer Lynn Sheely for Defendants Humana Inc., Humana Pharmacy Solutions, Inc. (Sheely, Sommer)
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Filing 21
NOTICE of Hearing: Initial Conference set for 5/15/2023 01:00 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
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Filing 20
Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Edward Olszewski, Shawn R. Johnson, Justin D. Kingsolver, and Jason C. Murray. (tla)
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Filing 19
NOTATION ORDER granting #15 , #16 and #17 Motions for Leave to Appear Pro Hac Vice of Nicholas James Bullard, Michael A. Lindsay, and Jaime Lynn Stilson as Co-Counsel. Co-Counsel are directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Chelsey M. Vascura on 04/28/2023. (tla)
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Filing 18
NOTICE of Appearance by William Benjamin Reese for Defendant Prime Therapeutics LLC (Reese, William)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389779) of Jaime Lynn Stilson by Defendant Prime Therapeutics LLC. (Attachments: #1 Certificate of Good Standing) (Jalandoni, Matthew)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389766) of Michael A. Lindsay by Defendant Prime Therapeutics LLC. (Attachments: #1 Certificate of Good Standing) (Jalandoni, Matthew)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 5436501) of Nicholas James Bullard by Defendant Prime Therapeutics LLC. (Attachments: #1 Certificate of Good Standing) (Jalandoni, Matthew)
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Filing 14
Corporate Disclosure Statement by Defendant Prime Therapeutics LLC. (Jalandoni, Matthew)
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Filing 13
NOTICE of Appearance by Matthew L. Jalandoni for Defendant Prime Therapeutics LLC (Jalandoni, Matthew)
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Filing 12
COMPLAINT against All Defendants, filed by State of Ohio, ex rel. Dave Yost Attorney General of Ohio. Originally filed in Delaware County, Ohio Court of Common Pleas on 03/27/2023 (Case No. 23-CV-H-03-00179). (tla)
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NOTATION ORDER granting #7 , #8 , #9 and #10 Motions for Leave to Appear Pro Hac Vice of Benjamin Z. Bergmann, Charles F. Rule, Daniel J. Howley, and Erica N. Baum as Co-Counsel. Co-Counsel are directed to register for e-filing through PACER unless they have done so previously. By Magistrate Judge Chelsey M. Vascura on 04/28/2023. (tla)
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Filing 11
NOTICE of Appearance by Jeanne Marie Cors for Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc. (Cors, Jeanne)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389115) of Erica N. Baum by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing) (Butler, David)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389114) of Daniel J. Howley by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing) (Butler, David)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389112) of Charles F. Rule by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing) (Butler, David)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9389111) of Benjamin Z. Bergmann by Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing) (Butler, David)
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Filing 6
Corporate Disclosure Statement by Defendant Evernorth Health, Inc.. (Butler, David)
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Filing 5
Corporate Disclosure Statement by Defendant Express Scripts, Inc.. (Butler, David)
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Filing 4
Corporate Disclosure Statement by Defendant Cigna Group. (Butler, David)
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Filing 3
Corporate Disclosure Statement by Defendant Ascent Health Services LLC. (Butler, David)
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Filing 2
NOTICE of Appearance by David John Butler for Defendants Ascent Health Services LLC, Cigna Group, Evernorth Health, Inc., Express Scripts, Inc. (Butler, David)
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Filing 1
NOTICE OF REMOVAL from Delaware County, Ohio Court of Common Pleas, case number 23 CV H 03 0179 ( Filing fee $ 402 paid - receipt number: AOHSDC-9389092), filed by Prime Therapeutics LLC, Express Scripts, Inc., Humana Pharmacy Solutions, Inc., Ascent Health Services LLC, Humana Inc., Cigna Group, Evernorth Health, Inc.. (Attachments: #1 Exhibit A - State Court Pleadings - Docket sheet, #2 Summons, #3 Complaint, #4 Service Returns, #5 Notices of Appearance, #6 Consents to Plead, #7 Exhibit B - Contract, #8 Civil Cover Sheet, #9 Supplemental Civil Cover Sheet) (Butler, David)
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